International Brotherhood of Electrical Workers, Local 2228 v. Canada (Treasury Board), 2006 FCA 307

Date: 20060920

Docket: A-588-05

Citation: 2006 FCA 307

CORAM:       NADON J.A.

                        EVANS J.A.

                        SHARLOW J.A.

BETWEEN:

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228

Applicant

and

TREASURY BOARD

Respondent

THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

Respondent

Heard at Ottawa, Ontario, on September 20, 2006.

Judgment delivered from the Bench at Ottawa, Ontario, on September 20, 2006.

REASONS FOR JUDGMENT OF THE COURT BY:                                             SHARLOW J.A.

Date: 20060920

Docket: A-588-05

Citation: 2006 FCA 307

CORAM:       NADON J.A.

                        EVANS J.A.

                        SHARLOW J.A.

BETWEEN:

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228

Applicant

and

TREASURY BOARD

Respondent

PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on September 20, 2006)

SHARLOW J.A.

[1]               This is an application for judicial review of a decision of the Public Service Labour Relations Board.  The applicant alleges that the Board acted contrary to its statutory mandate under section 58 of the Public Service Labour Relations Act, S.C. 2002, c. 22.  The standard of review is agreed to be patent unreasonableness.

[2]               Determining an appropriate bargaining unit is uniquely within the labour relations expertise of the Board.  In our view, the Board’s application of its jurisprudence to the particular facts before it was a practical way of dealing with a transitional situation.  We are not persuaded that the Board’s understanding of the application, or its disposition of the application, was patently unreasonable.  We are unable to detect any error that would warrant the intervention of this Court.

[3]               The application will be dismissed with costs.

“K. Sharlow”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-588-05

STYLE OF CAUSE:                                                              INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228 v.

                                                                                                TREASURY BOARD and

                                                                                                PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

PLACE OF HEARING:                                                        Ottawa, Ontario

DATE OF HEARING:                                                          September 20, 2006

REASONS FOR JUDGMENT OF THE COURT BY:       NADON, EVANS &

                                                                                                SHARLOW JJ.A.

DELIVERED FROM THE BENCH BY:                            SHARLOW J.A.

APPEARANCES:

SOLICITORS OF RECORD: